In re Pearce v [2011] JLR 709 (20 September 2011)

In re Pearce v [2011] JLR 709 (20 September 2011)

Disqualification is the appropriate sanction for knowingly making a false declaration of previous offences, but the court would not disqualify if the electorate is now properly informed.

Citation
[2011] JLR 709
Parties
Candidate: Pearce
Jurisdiction
Jersey
Judgment Date
20 September 2011
Procedural Posture
Election Petition / Judgment
Outcome
No disqualification imposed
Legal Topics
Candidate Declaration, False Statement, Disqualification
Election Law Candidate Declaration False Statement Disqualification

Case Brief

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Parties

Pearce

Candidate

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether a fine is an adequate sanction for knowingly making a false declaration of previous offences under States of Jersey Law 2005, art. 9(3)
  2. 2 Whether disqualification should be imposed as a sanction
  3. 3 Whether the court should disqualify the candidate if the electorate is now properly informed

Ratio Decidendi

Disqualification is the appropriate sanction for knowingly making a false declaration of previous offences, but the court would not disqualify if the electorate is now properly informed.

Court Disposition

No disqualification imposed